The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-10-18
THE STATE PRISONERS.
YF4RLYG Of THE HdBEAS CORPUS
CASES YESTERDAY.

The Prisoners Brought up Before the
United states Supreme COurt-Further
Time, and Release o. Bail Asked for by
Counsel. &c.
Attorney Gen raj Ayers and Messrs.
Scott and McCabe left Sunday afternoon
for Washington. A telegram received at
noon yesterday at the TIMES office says
that Yesterday, In the United states
Supreme Court, the United States Mar
shal for the Eastern district OF
Virginia made return 10 the writ OF
haJ6as c0rDus in the case of At
torney. General Ayres and the other i'm
prisoned State officers OF Virginia, and
their counsel. Mr.. Gordon, renewed the
motion that they be admitted to bail
pending the argument of the question
at issue. Cheii Justice Waite ordered
that the bodies Of the prisoners be com
mittei TO the custody of this court until
tomorrow. when the court will announce
iis decision as 10 bail and time for argu-
mcnt
THE PRISONERS TO BIZ GIVEN MORE TIME
The Washington Stqr speaking of the
action of the United States Supreme
Court I'm the Virginia cases yesterday
says
In the United States Supreme Court
to-day. after several decisions had been
rendered aud various motions heard,
SolictOr-General jerks informed the
court that the return on the wriis of
hqjeas corpus and the cases of Attorney
General Ayrcs and Commonwealth At
tornevs Scott and McCabe of Virginia,
had been filed, and that the marshal oi
the eastern district of Virginia was pre-
sent I'm court The Chief Justice inquir-
ed if counsel were ready for hearing of
/ the case.
Colonel Gordon, representing me
prisoners. replied that they were not. lie
said that with the eXcepuonoi himself the
counsel were not present, and did not
| hear the argument i'm the lower court.
| He asked that the prisoners be admitted
TO bail, and the case be set for hearing
some time IN January next
Governor Chamberlain, of South
Carolina counsel for The bondholders in
terested in these proceedings, said IT Was
proper for him TO remind the court OF the
nature of the cases that the prisoners
were imprisoned underan attachment Tor
contempt of the United State Circuit
court. lie said "We are ready, as in
duty bound. 10 argue the case at this very
moment" He added that these gentle
ment ought rot 20 come here complain
/ ing of imprisonment that they are Ian
gushing I'm iail. and ask 10 be released Oh
| bail and then defer The hearing 0i The
case for several months lie said that
while counsel for the prisoners did not
/ hear all the proceedings In the lowercourt
/ IL was there, barring his own argument
ably and thoroughly argued. The only
question. he added. was that OF lursdlc.
/ ton: whether or not the commitment
was regular. He was aware that in such
cases-of contempt court
is seeking TO maintain its authority
other courts are reluctant TO inter
. fere But the presumption was that The
lower court had jurisdiction, and that 10
/ had exercised IT'S rightful authority I'm
the interest of his clients. and he might
saw of the public he thought the Other
side should have appeared not only ready
but eager for argument. Instead OIL tha'
they want some three months 10 elapse
/ The convenience of counsel was some
thing he never permitted himself TO for
get. and his side was willing 90 allow q
reasonable time To the other for plepara
ton As t0 bail. he did not think 10 CON
sistcnt with the authority of the lower
court To allow bail Those gentlemen
had deliberately dcfed The authority OF
that court, and 10 was NOT proper that
they should be at liberty while the ou
preme Court had under consideration the
question of jurisdiction. we say ht
concluded. "the least possible delay and
without bail
The chief justice inquired if the record
had been printed He was informed thai
IL had not. but it could be done in two
days
Ex-Congressman Randolph j Tucker
addressed the court. stating that within
the last few DAYS he had been retained as
counsel for the State of Virginia 10 argue
the question of jurisdiction and any
other questions arising in The case H'
had never seen the record, nor had be
learned anything more OF the case than
could be acquired from reading the news
papers and in casual conversation. lie re
minded the court Of the interest that Nir
ginia. as a State of the Union, has IN the
case. The prisoners were servants of the
State, and had been engaged IN what was
regarded as the discharge of their duties tC
the State. Ii was question OF zoe
much magnitude for counsel 10 force II
TO a hearing. 1t might suit private in
terests 10 have a hasty hearing, but d
would not advance public interests. A'
10 ihe question of bail, be repeated that
the prisoners we're officials of the Com
monwealth of Virginia had been ad
Judged guilty Of contempt while prose
cutting their duties to the State. and u
was only right that they should be al
liberty on bail pending the hearing.
Ex-Governor Chamberlain said ina
after consultation with his associate lMf
Royallj he would not oppose a reasonable
delay, i'm order TO give counsel time &c
prepare.
The chief justice announced that th'
prisoners would remain in the custody
of the marshal OF the Supreme Court
.r.4 90 ,,rrrnuy unnrUiUU the fOUT